Construction Delay Claims – Where are we now? The Legal and Experts’ view

Overview

From high profile construction projects to smaller scale developments, the issue of programme delays continues to be a key cause of tension between contracting parties. Consequently, the successful presentation or evaluation of delay claims, including the associated losses or damages payable, often demands a collective analysis of legal, delay and financial aspects.

This briefing will include a review of the modern law in respect of delay claims, including the Court’s current approach for dealing with concurrency clauses in contracts.

Additionally, despite their prevalence, delay claims continue to be poorly drafted. This briefing will review some of the pitfalls associated with delay related claims and experts in the fields of delay and quantum will discuss practical tips and methods for dealing with such claims.

Speakers

Martino Giaquinto: Martino is a partner at Mills & Reeve LLP, a leading UK law firm and named law firm of the year in 2019. Martino is head of his firm’s specialist contentious construction and energy practice. He is an acclaimed and experienced construction law practitioner who acts for and against major players across the construction industry in a range of domestic and international claims (via litigation, arbitration, adjudication and mediation). Martino won The Legal 500 UK award for outstanding individual in his field in 2019 and is described as “an extremely smart and sharp man who always provides sound advice relative to the needs of the client” Martino is a solicitor-advocate, holds a First in law and an honorary Doctor in Laws degree.

John Jones: John is a Principal at HKA. He is a Fellow of the Royal Institution of Chartered Surveyors and holds a Master of Laws degree in construction law and arbitration. With a commercial management background, John has worked for both main contractors and sub-contractors involved in the construction of a wide range of projects. As a full practising member of the Academy of Experts and recognised by Who’s Who Legal, John has significant experience with the preparation of expert reports. He is frequently engaged as CPR Part 35 compliant expert by instructing solicitors to produce expert witness reports on matters of quantum in litigation, arbitration and adjudication.

Andrew White: Andrew is an Executive Director at HKA with over 35 years of experience across various construction sectors in the UK and the Middle East. He has an MSc in Construction Law and is a full practising member of the Academy of Experts and a Qualified Dispute Resolver (Expert Determiner). Andrew specialises in delay analysis, preparation and defence of claim submissions, assessments of EOT (Extension of Time) and programme feasibility and advice on project time controls. He is regularly appointed as an expert and has given evidence in delay and associated construction management matters. Andrew is a Fellow of the Chartered Institute of Building and Chartered Construction Manager and has significant experience working for main contractors in various roles, responsible for the delivery of projects from tender to completion.’